In California, a conservatorship is a protective proceeding for an adult. Conservators handle all medical and financial affairs for conservatees because they cannot care for themselves.
The process of filing for a conservatorship is complex. If you intend to file a petition for conservatorship, you should understand what you need and what to expect.
Types of conservatorship
There are three types of conservatorship:
- A limited conservatorship is typically set up for people with developmental disabilities.
- A general conservatorship is often for an elderly person.
- An LPS conservatorship is generally for those suffering from serious mental illness.
All three follow the same filing steps.
Steps for filing a conservatorship
There are seven steps to filing a conservatorship:
- File a petition that includes all the relevant names and the reason for filing.
- File a supplemental information form that thoroughly describes why the conservatee is not capable of caring for themselves.
- File a confidential conservatorship screening form that questions the relationship between the potential conservator and conservatee and includes a criminal background check of the conservator.
- File a signed duties of conservator form that outlines what the conservator does for the conservatee.
- Inform the potential conservatee by serving notice with a copy of the petition.
- Notify the conservatee’s relatives with a written statement about the court hearing for the conservatorship.
- Obtain a bond to protect the conservatee from any wrongdoing by the conservator.
The position of a conservator is extremely important. A judge will decide whether or not to grant a conservatorship, and the process may take up to 60 days.